Law and Kinship in Thirteenth-Century England
Title Details

206 Pages

23.4 x 15.6 cm

2 b/w. Illustrations

Series: Royal Historical Society Studies in History New Series

Imprint: Royal Historical Society

Law and Kinship in Thirteenth-Century England

by Sam Worby

  • Description
  • Contents
  • Reviews
First comprehensive survey of how kinship rules were discussed and applied in medieval England.
Two separate legal jurisdictions concerned with family relations held sway in England during the high middle ages: canon law and common law. In thirteenth- and fourteenth-century Europe, kinship rules dominated the lives of laymenand laywomen. They determined whom they might marry (decided in the canon law courts) and they determined from whom they might inherit (decided in the common law courts). This book seeks to uncover the association between the two, exploring the ways in which the two legal systems shared ideas about family relationship, where the one jurisdiction - the common law - was concerned about ties of consanguinity and where the other - canon law - was concerned toadd to the kinship mix ties of affinity. It also demonstrates how the theories of kinship were practically applied in the courtrooms of medieval England.

SAM WORBY is a civil servant and independent scholar.
Introduction
Canon law kinship structures
Common law kinship structures
The dominance of canon law kinship ideas
Kinship laws in practice
Trends underlying legal kinship structures
Conclusion
Appendix 1: Raymón of Penyafort's Quia tractare intendimus
Appendix 2: The historical introduction to Sciendum est
Appendix 3: Common law adaptations of canon law treatises: Quibus modis
Appendix 4: Common law adaptations of canon law treatises: Triplex est
"Worby has provided a significant contribution to the scholarship, and her book must be welcomed as an important corrective to Maitland's criticisms of medieval legal scholarship." JOURNAL OF BRITISH STUDIES
"This book makes an important contribution to the narrative of family in late medieval England and the inter-relationship of English common law and the ius commune." REVIEWS IN HISTORY

Paperback

9780861933389

August 2015

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Hardcover

9780861933051

May 2010

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£50.00 / $90.00

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Ebook (EPDF)

9781782045519

May 2010

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Title Details

206 Pages

2.34 x 1.56 cm

2 b/w. Illustrations

Series: Royal Historical Society Studies in History New Series

Imprint: Royal Historical Society